The Eminent Domain Podcast
Clint Schumacher
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The Eminent Domain Podcast covers topics about condemnation and property rights law from the most influential players in the eminent domain community.
Available episodes
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Sep 15, 2023
122. Jim Lang on Sackett v. EPA
James Lang of the Pender & Coward law firm joins the podcast to talk about the recent U.S. Supreme Court decision in Sackett v. EPA. He also discusses the historical definitions used for the term “waters of the U.S.,” important in understanding the jurisdiction of the federal government to regulate land under or adjacent to waterways.
Texas A&M Associate Professor Tiffany Dowell Lashmet writes on the EPA’s recently revised WOTUS definition here: https://agrilife.org/texasaglaw/2023/09/04/epa-releases-revised-wotus-definition/
Additionally, Professor James Stern of William & Mary Law School joins to talk about the Brigham-Kanner Property Rights conference scheduled for October 26-27 at the campus of the William & Mary law school.
Please share your thoughts on the show or this episode with me. I’m on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Sep 7, 2023
121. Deborah La Fetra on FOMB for Puerto Rico v. Cooperativa de Ahorro y Credito Abraham Rosa
Deborah La Fetra of the Pacific Legal Foundation joins us to talk about the case of Financial Oversight and Management Board for Puerto Rico v. Cooperativa de Ahorro y Credito Abraham Rosa, a unique case where the boundaries of just compensation and governmental restructuring collide. Deborah and PLF served as counsel for several of the unpaid property owners.
Additionally, Professor James Stern of William & Mary Law School joins to talk about the Brigham-Kanner Property Rights Conference scheduled for October 26-27 at the campus of the William & Mary Law School.
Please share your thoughts on the show or this episode with me. I’m on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Aug 17, 2023
120. Will Thomsen on the Valuation of Business Goodwill
In some jurisdictions, the loss of business goodwill is compensable in condemnation cases. Chartered Financial Analyst and Accredited Senior Appraiser Will Thomsen joins the show to discuss the factors that contribute to business goodwill, how he measures the impact of a taking on business goodwill, the evidence he relies on to support his valuations, and common challenges to appraising business goodwill in a condemnation case.
Please share your thoughts on the show or this episode with me. I’m on X @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Aug 1, 2023
119. David Koller on Machinery and Equipment Valuation
David Koller of Cushman & Wakefield’s Chicago office joins the show to discuss his specialization of machinery and equipment valuation. We talk about the methodology involved, some unique examples of his work, how equipment appraisers collaborate with other professionals in the valuation process, and David’s advice to property owners with a need for machinery and equipment valuation.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Jul 17, 2023
118. Elizabeth Larrick on Preparing Witnesses for Deposition
Personal injury attorney and trial consultant Elizabeth Larrick joins the show to share her wisdom on preparing witnesses for deposition. We talk about assessing the strengths and weaknesses of witnesses, using preparation time effectively, the tools and technology she finds useful, and encouraging hesitant clients. Elizabeth’s expertise is invaluable, and she shares an experience that illustrates our highest calling as trial lawyers – empowering our clients to tell their own stories.
Check out Elizabeth’s podcast, Trial Lawyer Prep.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Jul 3, 2023
117. Corridor Preservation - Valuation Issues Posed by Efforts to Restrict Development in Future Highway Corridors with Richard Marchitelli and Cory Savik
Richard Marchitelli and Cory Savik join the podcast to talk about their work in a series of inverse condemnation cases arising in North Carolina when the State sought to restrict or prohibit development within corridors where they planned future projects.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Jun 19, 2023
116. Brad Kuhn on Trying an Eminent Domain Case
Brad Kuhn of Nossaman, LLP in Orange County, California joins the podcast to talk about trying an eminent domain case to a jury and his thought process around voir dire, opening statements, and presentation of appraisal evidence. There are some great nuggets of wisdom.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Jun 2, 2023
115. Mike Schopmeyer and Michael DiRienzo’s Post-Kelo Victory in Indiana
Mike Schopmeyer and Michael DiRienzo of Kahn, Dees, Donovan & Kahn, LLP in Evansville, Indiana join the show to talk about a case that they recently completed and took through appeal called Guzzo v. Town of St. John. It is an interpretation of Indiana’s post-Kelo legislation and also involves issues of highest and best use. Since the recording of this podcast, the Indiana Supreme Court denied further review in this case, making the decision of the Court of Appeals that we discussed on the podcast the final law in the case.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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May 19, 2023
114. Jon Houghton and his Penn Central Quest
In this episode, Jon Houghton with Pacific Legal Foundation joins to discuss the Penn Central test, why he wants to change it, and what he is doing about it. We also discuss NY Jets football and the big Aaron Rodgers trade.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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May 2, 2023
113. Friction in the Negotiation Process
This episode is the audio from a presentation given to the local International Right of Way Association on the topic of obstacles that arise in negotiations. It is a candid discussion about issues that arise on either side of an eminent domain negotiation that create friction.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Apr 17, 2023
112. Kady Valois on The Importance of Easement Language
Kady Valois of Pacific Legal Foundation joins to discuss the recent case of Behrens v. United States from the Federal Circuit. This is a rails-to-trails case where the outcome hinged on the language of an old easement. The issues in this case have applicability in many types of cases involving the acquisition of easement rights.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Apr 4, 2023
111. Authenticity as an Eminent Domain Trial Lawyer
The person who is unafraid to show their authentic self is a powerful advocate. Authenticity gives us greater empathy for our clients, for the jury, even for opposing witnesses. Today’s episode is about identifying our core values and understanding our authentic self – important processes for excelling in all areas of life, including the honorable task of speaking for our clients.
NOSCE TE IPSUM: Being Authentic with the Trier of Fact. This is the paper prepared and presented by Christian Torgrimson and Clint Schumacher at the 2023 ALI-CLE Eminent Domain Land Valuation and Litigation Conference.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Mar 16, 2023
110. Chris Clough on a Taking at the Austin Airport
Chris Clough, Managing Partner for Barron, Adler, Clough and Oddo, PLLC in Austin, Texas joins us to talk about an eminent domain case involving the Austin airport. The Special Commissioners awarded Chris’s client $90 million. We also talk about Texas condemnation procedure, as well as how he got into the eminent domain practice area.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Mar 1, 2023
109. Paris, Texas with Sydney Young
In this episode, Sydney Young joins to talk about her hometown of Paris, Texas, and the effect of an expansion of its main roadway, Loop 286. She also talks about how title companies work (she owns one!).
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Feb 14, 2023
108. Special Joint Episode with the Infrastructure Junkies - Mayor Steve Adler
This special joint episode of the Eminent Domain Podcast and the Infrastructure Junkies features civil rights lawyer turned eminent domain lawyer turned major city mayor, Steve Adler. The former mayor of the City of Austin joins us to talk about his perspective on eminent domain from someone that has seen it from all sides. He shares stories from his time as Mayor, including passing a historic funding package for new infrastructure and trying to tackle the ever-growing issue of homelessness.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Feb 1, 2023
107. Kevin Twining on Project Financing
Kevin Twining, a partner in Locke Lord, LLP’s Dallas office and co-chair of the firm’s public finance group, joins us to discuss financing for large infrastructure projects. Sometimes that means accessing the public markets, sometimes it means financing through private banks. Kevin gives us a look behind the curtain to see how public entities acquire the funds for the projects that eminent domain practitioners work on.
If you will be in Austin for the ALI-CLE Eminent Domain Conference, please join us for a karaoke night at The Highball (1120 S Lamar Blvd) on Thursday, February 2 from 8:00 – 11:00 pm.
Registration is open for CLE International’s Texas Eminent Domain Conference in Austin, TX at the Austin Country Club, April 13-14, 2023. Register here.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Jan 16, 2023
106. Professor Jessica Asbridge on Private Delegations of the Eminent Domain Power
Professor Jessica Asbridge of Baylor Law joins the podcast to discuss her upcoming law review article addressing the private delegation of the eminent domain power. We have an insightful conversation that concerns the law and policy around private companies, such as pipelines, that exercise the eminent domain power, why that exercise is often subject to scant regulation, and the effect of that lack of oversight. Professor Asbridge also suggests language from, of all places, the Kelo decision that might be helpful in considering a private entity’s right to take property.
Professor Asbridge's article
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Dec 20, 2022
105. Holiday Special 2022
Many thanks to our twelve past podcast guests who joined to share some special memories and traditions from holidays in the past, or events they are looking forward to this year. This was some great content, and I hope it will spur your own sweet memories, or maybe give you ideas for time with friends or family this year.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Dec 1, 2022
104. Shane Rayman on Annapolis Group, Inc. v. Halifax Regional Municipality
Shane Rayman of Rayman Harris LLP in Toronto, Ontario joins the show to discuss a recent case out of the Supreme Court of Canada, Annapolis Group, Inc. v. Halifax Regional Municipality. Shane served as counsel for the Canadian Home Builders’ Association, an intervenor in the case. The case deals with regulatory takings, and we discuss Canadian law around such takings. Shane makes a compelling case for why someone who is not impacted by a regulatory taking should care about someone else who is, and this leads to a discussion about Canada’s non-constitutional protections of property rights in contrast to the constitutional protections of the United States.
Text of the decision
Factum (written submission) of the Canadian Home Builders’ Association
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Nov 16, 2022
103. Pike Off OTA Leaders Share Their Mission
Today, we are joined by the leaders of Pike Off OTA, a grass-roots organization formed initially to prevent the development of two proposed turnpikes, the East-West Corridor and the South Extension, that are in the vicinity of Oklahoma City. Dr. Michael Nash, President, Whitney Mullica, Vice-President, and Dr. Amy Cerato, Board Member, talk to us about why they formed the organization and how their mission has expanded to oppose what they believe to be the overreach of the Oklahoma Turnpike Authority. We learn about the potential environmental and societal impacts of these turnpikes and how Pike Off OTA is mobilizing in opposition to the project. Learn more at www.PikeOffOTA.com and youtube.com/PikeOffOTA.
Recommendations from our guests:
The Worst Journey in the World, Apsley Cherry-Garrard
Any book by Angie Debo
Boomtown, Sam Anderson
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas…
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Nov 3, 2022
102. James Singer on Dr. H. Phillip Venable and "Reckoning in Creve Coeur"
James Singer, a labor and employment attorney at the law firm of Schuchat, Cook & Werner in St. Louis, Missouri and winner of the Owners' Counsel of America's Crystal Eagle Award, joins the show today to tell the important and compelling story of Dr. H. Phillip Venable, who lost his home to a racially motivated condemnation action by the City of Creve Coeur, Missouri in the late 1950s. Mr. Singer’s extensive research and community engagement played a large role in efforts that eventually led to the City publicly acknowledging and memorializing its history. Dr. Venable’s story is that of an inspiring individual, as well as a cautionary tale of the potential abuses of public power.
The case discussed in the podcast: State v. Weinstein
Read Mr. Singer’s excellent article here.
Mr. Singer's Recommendations:
The Broken Heart of America by Walter Johnson
Episode 480 of 99% Invisible: "Broken Heart Park"
Please share your thoughts on the show or this episode with me. I’m on Twit…
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Oct 20, 2022
101. Sophia Holley on Right-to-Take Laws and Diversity in the Legal Profession
Sophia Holley, partner at KMK Law in Cincinnati, joins us today to talk about right-to-take laws in her home jurisdictions of Ohio and Kentucky. She also discusses the importance of diversity in law firms, the strengths women bring to the legal profession, and how to mentor new trial lawyers.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Oct 3, 2022
100. Robert Thomas on Eminent Domain, Law Practice, and Life
Joining us to celebrate 100 episodes of The Eminent Domain Podcast is long-time friend of the podcast Robert Thomas, Senior Attorney at Pacific Legal Foundation, Joseph T. Waldo Visiting Chair of Property Rights at William & Mary Law School, and elected member of the American Law Institute. Robert lets us know which eminent domain cases and issues he is following and shares reflections on law practice and life design. We also get a preview of what’s to come at the 2023 ALI-CLE Eminent Domain and Land Valuation Litigation Conference.
Register for the conference here.
Many thanks to all of you who download this show and share it with others. You are the reason we are celebrating 100 episodes!
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Sep 16, 2022
99. Jon Houghton on Regulatory Takings
Jon Houghton of Pacific Legal Foundation joins the podcast today to talk about regulatory takings. This is a complex area of the law, but Jon is a true expert and breaks it down into understandable pieces. He discusses how practitioners can assess when a regulation has risen to the level of a taking. He also discusses regulatory taking issues and cases that are current.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Sep 1, 2022
98. Anthony Alderman on Eminent Domain in Pop Culture
Anthony Alderman, MRICS, SR/WA, CRE, Senior Managing Director within the Valuation & Advisory service line at Cushman & Wakefield, joins the show to talk about depictions of eminent domain in popular culture – often a juror’s only prior exposure to condemnation law. We also discuss what makes appraising for eminent domain acquisitions different from other appraisal projects as well as current issues of interest in the appraisal field.
Anthony’s Blog Post: “The Netflix Series Ozark and Eminent Domain”
Anthony on LinkedIn
Anthony recommends our friends at the Infrastructure Junkies podcast.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Aug 15, 2022
97. Jeffrey Redfern: Baker v. City of McKinney, Texas – Police Power and Eminent Domain
When the state exercises its police power and as a result damages property, is there a constitutional obligation to pay for that damage? Jeffrey Redfern of the Institute for Justice joins to podcast to discuss Baker v. City of McKinney, a case he tried and won in June of this year in the Eastern District of Texas. Jeffrey shares with us how this court arrived at a decision different from the Tenth Circuit in Lech v. Jackson. Practitioners will also find his insights on voir dire invaluable.
For more on Lech v. Jackson, listen to Episode 81 here.
Jeffrey’s Recommendations:
Short Circuit Podcast
Bound by Oath Podcast
Barbarian Days by William Finnegan
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Aug 2, 2022
96. Chad Griffiths on the Industrial Real Estate Market
Chad Griffiths brings a deep knowledge of the industrial real estate market that he shares in regular podcast and YouTube releases. In this episode, we discuss the current state of the industrial market, the relationship between cap rates and interest rates, the growing prevalence of industrial developments in visible locations, and how the drive for “last mile fulfillment” may not mean big box takeovers. Chad looks into the crystal ball about how the industrial market will fare in our current economy.
Chad’s podcast, The Industrial Real Estate Podcast
Chad's YouTube channel, The Industrial Real Estate Show
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Jul 19, 2022
95. Stephen Clarke on Jeopardy!
Stephen Clarke of the Waldo & Lyle law firm in Virginia is not only an eminent domain expert but now is an official Jeopardy! contestant and winner. Stephen gives us a behind-the-scenes look at the qualification process, as well as what it was like to film and compete. We hope you enjoy this opportunity to celebrate a real-life win of a friend to our podcast community.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Jul 18, 2022
94. Property Rights Leaders Roundtable
On this special episode, we are joined by the leaders of three important national property rights organizations: Dana Berliner, Senior Vice President and Litigation Director for the Institute for Justice; James Burling, Vice President of Legal Affairs for Pacific Legal Foundation, and Leslie Fields, Executive Director of the Owners’ Counsel of America. We learn how each got their start in the field of eminent domain and property rights, the landmark cases that have shaped their careers, and the issues and cases that are on the horizon at each of their organizations.
Links from the Institute for Justice:
Student employment opportunities: https://ij.org/opportunities/students/
Lawyer employment opportunities: https://ij.org/opportunities/attorney-pathways-at-ij/
Eminent domain survival guide: https://ij.org/report/eminent-domain-abuse-survival-guide/
Links from Owners’ Counsel of America:
Proposed Property Owners’ Bill of Rights: https://www.ownerscounsel.com/state-by-state-l…
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Jul 1, 2022
93. Philip Hundl on the Matterhorn Express Pipeline
Eminent domain expert Philip Hundl joins the show today to talk about the recently approved Matterhorn Express Pipeline that is projected to span 490 miles in Texas and impact hundreds of property owners. We talk about the questions landowners should ask when facing acquisition for a pipeline, as well as the details and concerns to look for in a proposed form of easement. Learn more about Phil and his practice at txcondemnationrights.com.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Jun 15, 2022
92. 10 Questions to Ask Before Hiring a Lawyer with Jason Sodd
If you’re a landowner who has received a notice from a condemning authority, what should you do next? Dawson & Sodd law partner Jason Sodd, an eminent domain attorney for the last twenty years, joins the show today to walk through ten important questions to ask when looking to hire a lawyer with eminent domain expertise. These questions and their rationale can empower and educate property owners who face the often daunting process of eminent domain acquisition.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Jun 1, 2022
91. Daniel Woislaw - What Fifth Amendment Lawyers Need to Know About the Fourth Amendment
Daniel Woislaw of Pacific Legal Foundation joins us to talk about the intersection of civil rights and property rights. We discuss when a search and seizure can cross the line to a taking, how the U.S. Supreme Court has considered property interests in a Fourth Amendment context, and what Fourth Amendment issues eminent domain attorneys should be aware of when assessing a matter.
Daniel’s book recommendations:
Origins of the Fifth Amendment: The Right Against Self-Incrimination by Leonard Levy
Rise of the Warrior Cop, by Radley Balko
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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May 16, 2022
90. Christina Martin on Home Equity Theft
Christina Martin, Senior Attorney at the Pacific Legal Foundation, joins us to talk about what she calls “home equity theft” – the practice in some states of a taxing jurisdiction foreclosing on a tax lien and, in the process, forfeiting all the owner’s remaining equity in the property - no matter how small the tax lien or how large the remaining equity. The most vulnerable in our society are also the most likely victims. Ms. Martin discusses where this happens, why it happens, and why she is motivated to stop it.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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May 3, 2022
89. Special Joint Episode with the Infrastructure Junkies: Jeremy Young on the Infrastructure Investment and Jobs Act
Want to better understand the Infrastructure Investment and Jobs Act? Join us for this special joint episode where we team up with the Infrastructure Junkies podcast to interview Jeremy Young of Roetzel & Andress in Ohio. Questions we discuss: what is considered infrastructure for purposes of the bill? How does money get allocated, prioritized, and appropriated? How can we learn more without reading all 1,039 pages?
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Apr 15, 2022
88. Scott Heiart and Michael Ash: Coming Together from Across the Eminent Domain Aisle
In today’s episode, we are joined by Scott Heiart and Michael Ash of Carlin, Ward, Ash & Heiart in Florham Park, New Jersey. Scott and Michael discuss the unique aspects of redevelopment law in the state of New Jersey, as well as how they teamed up from opposite sides of the aisle to represent property owners. We learn about current issues and projects in New Jersey and talk about the importance of coupling zealous advocacy with professionalism and courtesy.
Michael’s book recommendation: Eat a Peach by David Chang
Scott’s book recommendation: The Judge’s List by John Grisham
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Apr 1, 2022
87. Jeremy Hopkins on Identifying the Issues in an Eminent Domain Matter
Jeremy Hopkins of Cranfill Sumner in Raleigh joins the show to talk about identifying what he calls the “Big 3” categories of issues in eminent domain cases, a topic he presented at the ALI-CLE Eminent Domain and Land Valuation Litigation Conference in January. He also shares the unique elements of condemnation law in North Carolina, as well as his work in the protection of property rights on the legislative side in Virginia and Utah.
Jeremy’s Book Recommendation: The American Covenant by Marshall Foster
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Mar 15, 2022
86. Christina Thoreson on Explaining Appraisal Information to a Jury
Christina Thoreson, SR-WA, MAI, CRE joins the show to talk about appraisals and the valuation process, and how to present this information to a jury. She shares examples of tips she uses when testifying. We also talk about changes in the appraisal industry due to the pandemic.
Christina’s book recommendations: Necessary Endings and Integrity by Dr. Henry Cloud
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Mar 1, 2022
85. Bob Grace: Capitalization Rates – What Are They and How to Explain Them
Bob Grace, MAI, CRE joins us from the national Eminent Domain and Land Valuation Litigation Conference to discuss capitalization rates. We discuss both what a cap rate is and, importantly, some thoughts on how to explain this nebulous concept to a jury.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Feb 15, 2022
84. Professor Julia Mahoney on Cedar Point Nursery
In today’s episode, Professor Julia Mahoney of the University of Virginia School of Law joins the podcast live from the ALI-CLE Eminent Domain and Land Valuation Litigation conference in Scottsdale to talk about last year’s Supreme Court decision in Cedar Point Nursery v. Hassid. We discuss how the case fits into the general direction of this Court’s decisions, and what may be on the horizon for property rights at the U.S. Supreme Court.
Listeners of this podcast are encouraged to check out the Infrastructure Junkies podcast with Dave Arnold and Kristen Bennett, as well as the Eminent Domain and Right of Way Club on Clubhouse with Patrick McCallister and Beth Smith, for more viewpoints and topics concerning condemnation law and proceedings.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Feb 2, 2022
83. Josh Baker on Valuing Temporary Easements
Josh Baker, partner at the Waldo & Lyle law firm in Virginia, joins the show live from the 2022 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Scottsdale, Arizona to talk about temporary construction easements and how to value them. Josh highlights important considerations when applying market principles to what can be an indefinite burden on the property. Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Jan 19, 2022
82. Bob Belden on Contesting an Economic Development Taking in New York
Bob Belden of the Institute for Justice joins the show to discuss a matter arising out of Onondaga County, New York, where homeowners in the Burnet Road community are fighting for their property against a taking for a prospective transaction with a manufacturing facility. Bob tells us about the Burnet Road community, the similarities of this situation to Kelo v. City of New London, and the current legal environment on economic development takings in the State of New York.
More about the matter on the Institute for Justice Website: https://ij.org/press-release/new-york-residents-fight-to-defend-their-homes/
Bob’s podcast recommendations: Bound by Oath and The Rest is History
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Jan 3, 2022
81. Professor Emilio Longoria on the Problematic Police Power Exemption after Lech v. Jackson
Professor Emilio Longoria of St. Mary’s University School of Law joins the show to discuss his recent article, Lech’s Mess with the Tenth Circuit: Why Governmental Entities Are Not Exempt from Paying Just Compensation When They Destroy Property Pursuant to Their Police Powers. Professor Longoria gives an overview of the facts of Lech v. Jackson as well as his criticism of the court’s opinion. He also explains where he believes the court went wrong in its application of three important Supreme Court cases cited in the opinion.
Professor Longoria’s book recommendation: Richard Rogers – Cities for Small Countries
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Dec 17, 2021
80. Holiday Special
For this special episode of the podcast, past guests and friends share their favorite holiday traditions, and Robert Thomas tells us what we can look forward to at the 2022 Eminent Domain and Land Valuation Litigation Conference. Thanks to Dave Arnold, Kristen Bennett, Ivy Cadle, Anthony DellaPelle, Carolyn Elefant, Clint Harbour, Justin Hodge, Patrick McCallister, Richard Rothfelder, Adam Sanders, and Robert Thomas for contributing. Happy Holidays, everyone!
Click here for more information on the Eminent Domain and Land Valuation Litigation conference.
Here is a recipe for Ozoni, the soup mentioned by Robert Thomas.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Dec 1, 2021
79. Judge Andrew Edison on the Legacy of Robert Moses
U.S. Magistrate Judge Andrew Edison has devoted much time and research to the life and legacy of Robert Moses, a former Parks Commissioner who had a broad and deep impact on the development of New York City’s infrastructure over a period of 50 years. Moses’ career in many ways provides a study of the human cost of eminent domain for different socio-economic communities. Judge Edison’s insight into Moses’ legacy is relevant to today’s discussions surrounding the potential impacts of the currently debated infrastructure bill, both intended and inadvertent.
The Power Broker: Robert Moses and the Fall of New York by Robert Caro
Judge Edison’s podcast recommendation: Two Writers Slinging Yang
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Nov 15, 2021
78. Phil Sever, Tonny Storey, and Jordan Walker on Asbury vs EQT – A Class-Action Inverse Condemnation Case
Eminent Domain attorneys Phil Sever, Tonny Storey, and Jordan Walker of Indianapolis-based Sever Storey, LLP join the show today to talk about a class-action lawsuit involving inverse condemnation claims related to the use of underground caverns for natural gas storage. The case has recently been certified by a federal court in Pennsylvania, an uncommon achievement among inverse condemnation cases. We discuss the case and how its substantive and procedural background has led the team to where they are today.
Sever Storey, LLP: https://landownerattorneys.com/
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Nov 1, 2021
77. Jay Small on the National Eviction Moratorium as a Potential Taking
Eminent domain attorney Jay Small of Mateer Harbert in Orlando joins the podcast to discuss the Supreme Court case Alabama Association of Realtors vs. Department of Health and Human Services. We discuss whether this case opened the door to challenging the moratorium as a compensable taking, and Jay brings a prescient analysis of the opinion. We also discuss the Court’s citation of Loretto, the shift of economic risk to landlords, as well as what Jay notes is a curious omission of Yee v. City of Escondido.
SCOTUS Opinion: https://www.supremecourt.gov/opinions/20pdf/21a23_ap6c.pdf
Jay’s blog post on the opinion: https://mateerharbert.com/did-the-supreme-court-greenlight-takings-claims-after-striking-the-eviction-moratorium/
Jay’s Book Recommendations:
The Mystery of Capital – Hernando de Soto
The Color of Law - Richard Rothstein
Land – Simon Winchester
Moby Dick – Herman Melville
Blood Meridian – Cormac McCarthy
Heart of Darkness – Joseph Conrad
Please share you…
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Oct 15, 2021
76. Professor Lee Fennell on Implicit Takings After Cedar Point Nursery
Today, we’re joined by Professor Lee Fennell, the Max Pam Professor of Law at the University of Chicago Law School. Professor Fennell has recently written an article for an upcoming publication of the Duke Journal of Constitutional Law and Public Policy entitled Escape Room: Implicit Takings After Cedar Point Nursery. In today’s interview, we have a great discussion of her article, which gives a creative and detailed analysis of the Supreme Court’s Cedar Point opinion. In particular, the article dissects the many exceptions the Court has enumerated to the newly expanded definition of a per se physical taking. We also discuss the potential practical consequences of this ruling for various intrusions of government onto and burdens upon private property.
Professor Fennell’s paper: The Escape Room: Implicit Takings After Cedar Point Nursery
The Supreme Court Opinion: Cedar Point Nursery vs. Hassid
Professor Fennell’s book recommendation: Lakefront: Public Trust and Private Ri…
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Oct 1, 2021
75. Casey Pipes on Broadband Expansion via Utility Easements
Casey Pipes, managing partner at the Helmsing Leach law firm in Mobile, Alabama, joins the show to discuss an emerging issue: the legislated expansion of existing utility easements to allow access by private broadband companies to install data cables. We discuss the motivation for and constitutional issues of these statutes, as well as current and potential implications for property owners. An interesting subtopic is how these issues specifically affect railroads, and what these types of statutes could mean for other private entities in the path of broadband expansion.
Below are links to the case in Virginia and the FCC memo that were discussed on the show:
Waldo and Lyle challenge to Virginia’s broadband statute
Railroad Crossing Memorandum
Casey Pipes LinkedIn profile is here: Casey on LinkedIn
As noted in the Opening Argument of the podcast, Professor Diane Zahn of Virginia Tech alerted me to an Assistant Professor opening at Virginia Tech. Teaching responsibilities include…
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Sep 15, 2021
74. Steve McCune on Construction Costs in a Unique Time
Steve owns and operates a construction business, and he is also a construction cost estimator with over 45 years of experience in the construction industry. He discusses the differences between a cost estimate prepared by a construction cost estimator and one prepared by an appraiser. Steve shares his thoughts on when it would be of value for a property owner or attorney to seek the expertise of a construction cost estimator. We also dive into what Steve terms the “perfect storm” of events over the last 16 months that has led to the unpredictability, shortages, and price escalation in the construction material and service markets.
Contact Steve at steve@mccunecompanies.com, and learn more about his company at https://www.mccunecompanies.com/.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
My webpage bio is here: http://www.dawsonsodd.com/attorneys/…
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Aug 31, 2021
Patrick McCallister and Beth Smith, Founders of the Eminent Domain and Right of Way Club
Patrick McCallister, Right-of-Way Acquisition Manager at WSP-USA, and Beth Smith, Real Estate Specialist at Milwaukee Metro Sewage District, have founded the Eminent Domain and Right of Way Club, a discussion forum for right-of-way professionals and anyone interested in the acquisition of land rights for infrastructure projects. They join us today to discuss how the group started, the value of connecting with fellow professionals in the industry, and future plans for the group.
Facebook Group: https://www.facebook.com/eminentdomainRWClub
Patrick on LinkedIn: https://www.linkedin.com/in/patrick-mccallister-sr-wa-88798528/
Beth on LinkedIn: https://www.linkedin.com/in/bethmassey/
Search "Eminent Domain" on the Clubhouse Drop-In Audio app to join the group.
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Aug 16, 2021
72. Ivy Cadle on Condemnation Clauses in Commercial Leases
Ivy Cadle, shareholder of the Baker Donelson law firm in their Atlanta and Macon, GA offices, joins us to discuss condemnation clauses in commercial leases. Ivy emphasizes that the lease will dictate a lessee’s approach to the case, and we touch on some of the important factors in that approach, including notice provisions and division of settlements.
Check out Ivy’s excellent webinar on condemnation clauses: https://www.bakerdonelson.com/webinar-commercial-leases-and-takings-how-to-leverage-your-rights-in-eminent-domain-cases
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
My webpage bio is here: http://www.dawsonsodd.com/attorneys/clint-schumacher/
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Aug 5, 2021
71. Carolyn Elefant Discusses PennEast Pipeline Co. v. New Jersey
FERC expert Carolyn Elefant joins us to discuss the recent U.S. Supreme Court opinion in PennEast Pipeline Co. v. New Jersey. As always, she brings great insight. This case discusses, among other things, the balance between state rights and the federal power to condemn. A copy of the opinion can be found here: https://www.supremecourt.gov/opinions/20pdf/19-1039_8n5a.pdf
We discuss Carolyn’s blog site, My Shingle, which can be found here: https://myshingle.com/
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
My webpage bio is here: http://www.dawsonsodd.com/attorneys/clint-schumacher/
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Jul 19, 2021
70. Steve Fretzin Discusses Finding The Right Clients
Business development expert and guru Steve Fretzin joins the podcast to discuss how to find and build relationships with clients. As eminent domain professionals, we have decided what types of clients we want to target. Steve talks about the practices we can undertake to find those clients and building lasting relationships.
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Jul 2, 2021
69. Professor Josh Blackman Discusses Cedar Point Nursery
Professor Josh Blackman of the South Texas College of Law joins us for Episode 69 of the podcast to discuss the Cedar Point Nursery v. Hassid case recently released by the U.S. Supreme Court. Here is a link to the case: https://www.supremecourt.gov/opinions/20pdf/20-107_ihdj.pdf
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Jun 29, 2021
68. Robert Thomas Returns
Robert Thomas of inversecondemantion.com and the Pacific Legal Foundation returns for Episode 68 of the podcast to discuss current cases to know.
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Jun 17, 2021
67. Discussion of Trying Cases As Trust Erodes and Corridor Valuation Theory
Episode 67 of the podcast focuses on how our juries might view institutions and experts differently now than they did before the Covid-19 pandemic. Do we have to present experts differently than we did before?
This episode also discusses corridor valuation theory and a case pending in Texas that may change the law in this area called Hvalinka v. HSC Pipeline Partnership, LLC, 605 S.W.3d 819 (Tex.App.-Houston[1st Dist.] 2020, pet. pending).
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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May 12, 2021
66 - Jody Sodd McSpadden Discusses Striving for Excellence in all Arenas of Life
In Episode 66 of the podcast, my friend and law partner, Jody Sodd McSpadden, joins to discuss her wisdom for seeking excellence while being a very involved lawyer, mom, spouse, and community leader. She shares some outstanding wisdom and I'm pleased she was willing to share it with the podcast audience. Of particular interest to me was her discussion about differentiating between passion and anger when advocating for a client.
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Apr 4, 2021
65. Daniel Garodnick Tells the Story of Saving Stuyvesant Town
Daniel Garodnick joins to discuss the incredible true story of how one middle class community defeated the largest residential real estate deal in American history. Lifetime New York City resident and former City Councilman Dan Garodnick recounts how his neighbors stood up to mammoth real estate interests and successfully fought to save their homes, delivering New York City's biggest-ever affordable housing preservation win. His story has been recorded in the recently released book Saving Stuyvesant Town: How One Community Defeated the Worst Real Estate Deal in History.
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Mar 21, 2021
64. Adam Sanders Discusses Takings of Privately-Owned Utilities
Adam Sanders of Baker Donelson joins to discuss cases involving governmental takings of privately-owned utilities. Adam shares issues that arise in these cases, including how such entities are valued. At the end of the interview, Adam shares his experience about selling Bitcoin way too early and his initial reluctance to entering the field of law.
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Feb 24, 2021
63. Stories About Picking Juries with Matt Hurt
Matt Hurt of Dawson & Sodd joins to share stories about picking juries. One of the cases that Matt discusses is State v. Johnson. The appellate decision can be found here: https://casetext.com/case/state-v-johnson-5435
As a civil engineer, Matt also shares some thoughts about engineering issues that arise in eminent domain cases.
Matt's bio can be found here: https://www.dawsonsodd.com/attorneys/matt-hurt/
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Feb 8, 2021
The Current Status of Covid Related Takings Litigation
In Episode 62 of the podcast, Anthony DellaPelle of McKirdy Riskin Olson & DellaPelle in Morristown, NJ joins to discuss the current status of Covid-related takings litigation. Tony's recent article on the subject published by the ABA can be found here: https://www.americanbar.org/groups/litigation/committees/real-estate-condemnation-trust/articles/2021/is-covid-19-still-a-public-health-emergency/
Some cases discussed during the podcast:
Armstrong v. U.S.
Home Building & Loan Ass'n v. Blaisdell
Wisconsin Legislature v. Palm
Elkhorn Baptist v. Brown
County of Butler v. Wolf
South Bay Penecostal v. Newsom
Calvary Chapel v. Sisolak
Roman Catholic Diocese v. Cuomo
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Jan 24, 2021
61. The Tables Turned - A Conversation Between Two Clints
In Episode 61 of the podcast, the tables are turned and Clint Harbour of the Texas Attorney General's Office takes over the podcast host chair and interviews me (Clint Schumacher). We share a few stories and hopefully share some insights you can use in your practice. Clint Harbour did a great job as the host!
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Jan 5, 2021
60. Robert Thomas Discusses the 2021 Eminent Domain Conference
Robert Thomas joins for Episode 60 of the podcast to discuss the changes to this year's ALI-CLE Eminent Domain Conference. As Robert will explain, this year's conference will be virtual. Sign up for the conference here: https://www.ali-cle.org/course/Eminent-Domain-Land-Valuation-Litigation-2021-VCCF0128
In the closing argument, I discuss choosing my One Word for 2021. Information about the One Word book by Jon Gordon, Jimmy Page, and Dan Britton is here: https://www.amazon.com/Word-That-Will-Change-Expanded/dp/1118809424
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Dec 23, 2020
59. A Story About a Taking for a Highway Rest Stop with Justin Hodge
Justin Hodge joins for Episode 59 of the podcast to discuss a story of his best friend's dad showing up as a veniremen in a condemnation case, Justin's mentors, and a book someone gave Justin when his grandmother passed away (Imagine Heaven).
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Dec 4, 2020
58. Billboards and Eminent Domain with Richard Rothfelder
Richard Rothfelder joins for Episode 58 of the podcast to discuss how the law treats and values outdoor advertising signs (or billboards) in eminent domain cases. Richard is one of the country's experts in this field and it was a pleasure to get to visit with him.
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Nov 15, 2020
57 - The Pendulum Land Podcast Crew
Dave Arnold, Ross Greene, Kristen Bennett, and Carrilin Hirsch are the hosts and personalities behind the Pendulum Land Podcast. They join to discuss the view of condemnation from the condemnor side, some Texas culture, Virginia food, and what they would put on a billboard.
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Oct 29, 2020
56. Professor David Callies Discusses Regulatory Takings After Knick
Professor David Callies joined the podcast to discuss his new book Regulatory Takings After Knick.
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Sep 15, 2020
Ep 55 - Alan Ackerman Discusses Right to Take
Alan Ackerman joins the podcast to share the story of the case of County of Wayne v. Hathcock from the Michigan Supreme Court. This is a right to take case. Alan and I have a wide ranging discussion that includes discussions of federalism, the role of stare decisis, the interstate commerce clause, an influential discussion between Alan and Dana Berliner of the Institute for Justice, and Leave it to Beaver.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Sep 1, 2020
54 - The Emotions of An Eminent Domain Action with Stephen Clarke
Stephen Clarke joins the podcast to share a story about a client that fibbed about his life history and the reaction of clients to the cancellation of Atlantic Coast Pipeline. He also introduces me to the boardgame "Settlers of Catan."
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Aug 16, 2020
53. The Ruling in Alleghany Defense Fund v. FERC with Carolyn Elefant
Carolyn Elefant makes a return appearance for Episode 53 of the Eminent Domain Podcast. The D.C. Circuit issued its ruling in Alleghany Defense Fund v. FERC. The Alleghany Defense Fund case considered the question of whether FERC can play "four corners" with the administrative review process to effectively moot a challenge to FERC approval. The National Law Review explained the decision as one that "could radically disrupt and fundamentally alter the way [FERC] handles challenges to its orders."
Carolyn explains the decision of the D.C. Circuit which holds, among other rulings, that the Natural Gas Act (NGA) does not authorize FERC to issue “tolling orders” solely to prevent the expiration of the 30-day statutory period to act on requests for rehearing, which under the NGA results in the request for rehearing being “deemed denied.”
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Jul 31, 2020
52. Trying Pipeline Cases with Luke Ellis and Tyler Milton
Luke Ellis and Tyler Milton join the podcast to share stories and tips about trying pipeline condemnation cases. We venture into tales about impromptu jokes, Dallas Cowboy football, and crying during voir dire. It is a great episode!
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Jul 17, 2020
51. Lessons Learned with Clay Beard
Clay Beard joins us to discuss three trial stories and the lessons he took away from each. The stories will entertain, but there are also important practice pointers that can be learned.
Clay also shares one of his favorite hunting stories. Be sure to hear that one at the end.
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Jun 30, 2020
50. Are Covid-19 Regulations Takings? with Robert Thomas
"The Professor" Robert Thomas re-joins us in Episode 50 of the Eminent Domain Podcast. We discuss whether COVID-19 related regulations are takings and how they will be analyzed under existing law.
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Jun 15, 2020
49. Thor Hearne Discusses Railway Easements and Other Cases
Thor Hearne joins Episode 49 of the Eminent Domain Podcast as part of the "War Stories" series. Thor discusses various cases from his career, including cases involving railroad and pipeline easements and the St. Bernard Parish flooding case.
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May 31, 2020
48 Fighting the Swan with Josh Baker
In Episode 48 of the Eminent Domain Podcast, Josh Baker joins the podcast to discuss a story about a property viewing in an inverse condemnation case. The story takes a funny turn when a swan begins to threaten the jury.
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May 11, 2020
47. Playing Four Corners with FERC - Carolyn Elefant
In Episode 47 of the Eminent Domain Podcast, Carolyn Elefant joins the podcast to discuss the FERC approval process. She also discusses the D.C. Circuit oral argument that recently occurred in the case of Alleghany Defense Fund v. FERC. The Alleghany Defense Fund case considers the question of whether FERC can play "four corners" with the administrative review process to effectively moot a challenge to FERC approval.
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May 1, 2020
46 - Out of the Box Thinking - Steve Silva
In Episode 46 of the Eminent Domain Podcast, Steve Silva joins to share a "war story" about his favorite settlement that displayed some out of the box thinking.
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Apr 15, 2020
45. Nancie Marzulla Shares a Story About a Taking at Dallas Love Field
In Episode 45 of the Eminent Domain Podcast, Nancie Marzulla joins to share a story about a case involving a taking at Dallas Love Field. I then share some thoughts about finding meaning when our work is disrupted.
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Apr 3, 2020
44 - Reflections on Practicing Law Remotely Plus Philip Hundl and Tony DellaPelle
In Episode 44 of the Eminent Domain Podcast, we are joined by Philip Hundl from Wharton, Texas and Tony DellaPelle from Morristown, New Jersey. Both are experienced practitioners and give great insight in their interviews. Additionally, I share some thoughts on practicing law while "sheltered in place" as I enter week 3 of working remotely.
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Mar 13, 2020
43. Dana Berliner Shares Stories
In Episode 43 of the Eminent Domain Podcast, Dana Berliner, Litigation Director for the the Institute for Justice joins. We discuss interesting stories from her career including her involvement of Kelo v. City of New London and a story where the condemnor backed down.
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Feb 29, 2020
42. Robert McNamara Discusses Carousel Farms Plus Delia Root Joins
In Episode 42 of the Eminent Domain Podcast, Robert McNamara of the Institute for Justice joins. We discuss the Carousel Farms v. Woodcrest Homes case out of Colorado that has been appealed to the U.S. Supreme Court. Also joining the interview is William & Mary law student, Delia Root, who discussed her experience at the ALI-CLE Eminent Domain and Land Valuation Conference, her experience in Professor Thomas' class, and her paper on taking liability for government inaction.
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Feb 4, 2020
Ep 41 - Live from Nashville Vol 1 - The Law Students
In Episode 41 of the Eminent Domain Podcast, we have the first round of interviews from the ALI CLE national Eminent Domain Conference in Nashville, Tennessee. Joining the podcast are law students Benny Zhang, Andrew Parslow, Kelsey Abell, Kacie Couch, and Joe Melton. It was a great pleasure to speak to each of them.
I also discuss a recent case from the Texas Supreme Court - Copano Energy v. Stanley D. Bujnoch, Life Estate.
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Jan 18, 2020
Episode 40 - A Pipeline Right to Take Question
In this episode, we consider the question of whether a pipeline has the right to take if it is transporting product that is not used within the state it is crossing.
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Nov 27, 2019
EP 39 - Discussion with Orange County Appraiser Ryan Hargrove
We discuss how the County selects appraisers, about one of his current projects trying to value flowage easements, self-driving cars, and valuing property with a value date from 75 years ago.
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Nov 10, 2019
EP 38 - Dealing with Difficult People - Pete Havel, author of The Arsonist in the Office
In Episode 38 of the Eminent Domain Podcast, Pete Havel joins us to discuss how to deal with difficult people and his book, The Arsonist in the Office.
Pete's book can be found here: https://www.amazon.com/Arsonist-Office-Fireproofing-Coworkers-Employees-ebook/dp/B07NVY7C21
Pete's website is here: https://petehavel.com/
Information about the ALI CLE national Eminent Domain Conference in Nashville, Tennessee can be found here: https://www.ali-cle.org/course/CB005
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
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Oct 7, 2019
Episode 37 - Reflections on Being Called for Jury Duty
In Episode 37 of the Eminent Domain Podcast, I share reflections from a day at the court house after being summoned for jury duty. Some takeaways:
* Build rapport with the venire panel by being the guide.
* Build rapport by acknowledging the situation of the venire panel
* Have positive energy
* Get the jury talking
* Begin to personalize your client
* Put a high priority on the voir dire - what you need to find out and how you want to get the information
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Sep 22, 2019
Ep 36 - Short Term Rentals with Robert Thomas and Robert "Bob" Grace
In Episode 36 of the Eminent Domain Podcast, Robert Thomas and Robert "Bob" Grace join to discuss short term rentals. Robert Thomas discusses the legal implications of short term rentals and the potential for takings when they are regulated. Robert Grace discusses whether a short term rental could be a highest and best use. Robert Thomas also shares a movie recommendation and tells the story about how his mother was an eyewitness to history.
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Aug 4, 2019
Ep 35 - Sam Schwartz aka Gridlock Sam Discusses Self-Driving Cars and Future Roadways
In Episode 35 of the Eminent Domain Podcast, Sam Schwartz aka Gridlock Sam joins to discuss self-driving cars and their impact on future infrastructure.
Mr. Schwartz's books include No One at the Wheel: Driverless Cars and the Road of the Future and Street Smart - The Rise of Cities and the Fall of Cars.
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Jun 24, 2019
Ep 34 - Discussion of Knick v. Township of Scott
In Episode 34 of the Eminent Domain Podcast, I discuss the U.S. Supreme Court's decision in Knick v. Township of Scott. I hope you enjoy the discussion. For a copy of the opinion, look here: https://casetext.com/case/knick-v-township-of-scott
For more information about the case, including a listing (with links!) of articles about the case, Robert Thomas has you set: https://www.inversecondemnation.com/inversecondemnation/2019/06/knick-round-up.html
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Jun 2, 2019
Ep 33 - Clint Harbour Discusses Eminent Domain from the Government Side
Clint Harbour from the Texas Attorney General's Office joins us in Episode 33 of the Eminent Domain Podcast. He discusses eminent domain from the point of view of the government lawyer in Texas. Clint has great recommendations for trying cases on the condemnor side of the docket. He also shares why he sometimes will wear basketball shorts under his suit at hearings.
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May 17, 2019
Ep 32 - JJ Rolling Discusses Wisconsin, Appraisal Issues, and Lease Clauses
JJ Rolling of von Briesen & Roper (Madison, Wisconsin) joins us in Episode 32 of the Eminent Domain Podcast. He discusses the eminent domain process in Wisconsin. JJ is also an affiliate member of the Appraisal Institute. He thinks highest and best use is an important and under-considered part of the appraisal process and talks about why. Finally, JJ talks about condemnation clauses in leases and a recent case involving K-Mart out of Utah.
We also have the first use of the word "gnarly" on the podcast.
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Apr 12, 2019
Ep 31 - Texas High Speed Rail Discussion with Patrick McShan
In Episode 31 of the Eminent Domain Podcast, we discuss the Texas High Speed Rail. Joining the podcast is Patrick McShan, Special Counsel to Texans Against High Speed Rail. As discussed in the podcast, there have been some court hearings regarding whether the High Speed Rail developer has the right to come on to private property to do survey work and whether the developer is even a railroad under Texas law. Patrick brings us up to speed on those cases. We also discuss the proposed project's financial feasibility, administrative history, and potential future moves in the Texas Legislature.
The Facebook page for Texans Against High Speed Rail is here: https://www.facebook.com/pg/TexansAgainstHSR/posts/
The page for Texas Central is here: https://www.texascentral.com/
Patrick's bio page is here: https://beckham-group.com/attorneys/patrick-mcshan
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or i…
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Mar 17, 2019
Ep. 30 - Failure and Storytelling
In this episode, I discuss a cross-examination that I wish I could do over. I let my emotions get the best of me and was disrespectful to a witness during a trial. It resulting in me apologizing to him and a lesson learned to not do that again. I also discuss some recent experiences that have reminded me about the importance and impact of storytelling and themes at trial.
Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.
My webpage bio is here: http://www.dawsonsodd.com/attorneys/clint-schumacher/
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Feb 28, 2019
Ep 29 - Ranching and Relocation
In this episode, we visit with Tiffany Dowell Lashmet. Tiffany has served as an Agricultural Law Specialist for Texas A&M AgriLife Extension Service since 2013. Tiffany’s work focuses on legal issues impacting Texas landowners and agricultural producers including leases, water law, oil and gas law, pipeline easement negotiation, and landowner liability. She travels the state speaking at various meetings and conferences on these issues and has published several law review articles, extension fact sheets, magazine articles, and newspaper articles on these topics. She also authors the award-winning Texas Agriculture Law Blog, recognized as one of the Top 100 Legal Blogs in the nation by the American Bar Association in 2014. Tiffany is licensed to practice law in Texas and New Mexico. She grew up on her family’s farm and ranch in Northeastern New Mexico, between Tucumcari and Logan.
More information on Tiffany can be found here: https://amarillo.tamu.edu/facultystaff/tiffany-dowell-la…
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Jan 31, 2019
Ep. 28 - Randy Smith and Bob Grace
Welcome to Episode 28 of the Eminent Domain Podcast. We have a great episode for you that we recorded from the ALI 2019 Eminent Domain and Land Valuation Litigation Conference in Palm Springs, CA. This is our second of three episodes where we are playing interviews recorded during the conference.
In this episode, we are joined by Randy Smith of the Smith & Fawer law firm in New Orleans, Louisiana. Randy visits with us about an eminent domain case in Louisiana called St. Bernard Port, Harbor & Terminal District v. Violet Dock Port Inc., LLC. The case presented both a significant right to take issue and a significant valuation issue.
We are also joined by Bob Grace, an appraiser from Oklahoma City. He tells about his experience at the conference as a first-time attendee and also discussed a few appraisal issues he is facing in Oklahoma.
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Jan 31, 2019
Ep 27 - Edison and Clarke from Palm Springs
On January 24-25, 2019, I recorded several episodes with presenters and attendees of the 2019 ALI Eminent Domain and Land Valuation conference in Palm Springs, California. In Episode 27 of the Eminent Domain Podcast, I play back interviews with U.S. Magistrate Judge Andrew Edison of Houston and eminent domain lawyer and blogger Stephen Clarke of Norfolk, Virginia.
They are both great interviews. Judge Edison shared information about one of the most interesting taking cases in U.S. history, the case of the government's taking of the original Zapruder film, the video of the assassination of President Kennedy filmed by Abraham Zapruder. A New York Times article about the case is here: https://www.nytimes.com/1999/08/04/us/zapruder-heirs-get-16-million-for-dallas-film.html
Judge Edison's bio can be found here: https://www.txs.uscourts.gov/page/judge-andrew-m-edison-biography
Stephen Clarke's bio page can be found here: https://waldoandlyle.com/stephen-j-clarke/
His twitter page can be…
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Jan 17, 2019
Ep 26 - Four Eminent Domain Cases to Watch in 2019
For Episode 26 of the Eminent Domain Podcast, we discuss four eminent domain cases to watch in 2019.
1. Knick v. Township of Scott. An article from the Wall Street Journal about the recent re-argument in the case: https://www.wsj.com/articles/supreme-court-hears-cases-involving-land-use-alcohol-permits-11547678921?shareToken=st6639c9e086044c66b109cb0a13b74ac9&ref=article_email_share
2. The Border Wall (Soon to be?) Cases. Articles from Professor Gerald Dickson and Ilya Somin are here: https://thehill.com/opinion/white-house/424195-trumps-militarized-land-seizure-for-border-wall-is-more-complicated-than
and here: https://reason.com/volokh/2019/01/07/eminent-domain-emergency-powers-and-trum
Rep. Amash's proposed bill: https://amash.house.gov/sites/amash.house.gov/files/documents/Eminent%20Domain%20Just%20Compensation%20Act.pdf
3. The Flooding and Wildfire Cases.
4. Nexus Gas Transmission v. City of Green, Ohio (the circuit split about when a FERC regulated pipeline can take pos…
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Jan 1, 2019
Ep 25 - A Discussion of the Trans-Pecos Pipeline Documentary with the Director, Nicol Ragland
Welcome to Episode 25 of the Eminent Domain Podcast. Our guest today on this podcast is the Director of Trans Pecos - the Story of Stolen Land and the Loss of America's Last Frontier, Nicol Ragland. Nicol is both a documentary director and photographer who has spent a career using the visual media to spark discussion into humanity’s relationship to culture and nature. This is a different type of show than we have had before on the podcast. Ms. Ragland, until starting the work on the Trans-Pecos pipeline, had no real prior familiarity with eminent domain. I found the discussion with Ms. Ragland, who worked intensely on the issues around this pipeline during the creation of the film, fascinating.
You can find more information on the documentary at www.transpecosdoc.com
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Dec 16, 2018
Ep 24 - James Stern - Knick v. Township of Scott
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Dec 3, 2018
Ep 23 Legislative Side of Eminent Domain
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